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Cannan v Governor of HMP Sutton and Another; CA 9 Oct 2003

References: Times 30-Jan-2003, [2003] EWCA Civ 1480
Links: Bailii
Coram: Hooper J
The governor instituted a rule requiring that prisoners and their legal advisers wishing to exchange documents must first obtain authorisation. The prisoner challenged the rule, and particularly also that if prior authorisation had not been obtained, permission on the day could only been given in exceptional circumstances.
Held: The rule was a response to problems of security, as such it was proportionate and valid, even though the court expressed the wish that the prison should not construe the phrase ‘exceptional circumstances’ too tightly.

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